Laddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70372 of 2021 Arising Out of PS. Case No.-113 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== Laddu Kumar Son of Nandkishor Thakur Resident of Village - Ugrasen Tola, P.S.- Chanpatia (Kumarbag O.P.), District - West Champaran. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Chanpatia (Kumarbag O.P.) P.S. Case No. 113 of 2021 under section 394 of the Indian Penal Code.

As per the FIR, the informant has alleged that while in the night he was moving to toward Kamalnath Nagar, Bettiah, three accused persons on a motorcycle overtook him and attacked him with knife and later snatched the motorcycle. Learned counsel for the petitioner submits that simply because he has antecedent, he has been made accused and his name has come up in the confessional statement of co-accused Gulshan Kumar. He further submits that nothing incriminating has been recovered from his possession and he is in custody since 5.7.2021 (as stated in para-11 of the bail application). He

Patna High Court CR. MISC. No.70372 of 2021(3) dt.25-07-2022 2/3 lastly submits that though the petitioner is in custody since 5.7.2021 yet no TIP has been conducted despite the fact that the informant has stated in the FIR that he can identify the accused persons.

Taking into account the aforesaid facts that chargesheet has been submitted, the petitioner is in jail since 5.7.2021 and nothing incriminating has been recovered/seized from his possession, this Court is inclined to grant him the privilege of bail with certain conditions in view of the fact that he has criminal antecedent.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of C.J.M., Bettiah, West Champaran, in connection with Chanpatia (Kumarbag O.P.) P.S. Case No. 113 of 2021 subject to the following conditions:

(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of

Patna High Court CR. MISC. No.70372 of 2021(3) dt.25-07-2022 3/3 bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T